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Summary Judgment Granted to Oven Manufacturer on Causation in NYCAL

Court: Supreme Court of New York, New York County

In this action, plaintiff June Savianeso alleges that decedent Michael Savianeso was exposed to asbestos from the products of various defendants.

Decedent passed away without giving deposition testimony. Subsequently, decedent’s brother, James, provided seven days of testimony. As pertinent to this motion, James testified that he worked as a pizza maker at a pizzeria in New Jersey for approximately 30 hours per week from June to August during the summers of 1976 and 1977. James mainly …

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Motion for Summary Judgment Denied under Sophisticated User and Purchaser Doctrine

Court: United States District Court for the Eastern District of Louisiana

In this asbestos action, plaintiff Ted Matherne Sr. worked at the Avondale Shipyards. In addition, defendant Hopeman Brothers Inc. placed Micarta from Westinghouse “as a component part of the composite wall and bulkhead panels it suppled to Avondale for use aboard ships.”

Defendant Paramount Global (Westinghouse) moved for partial summary judgment, arguing it had no duty to warn as defendant Hopeman was a sophisticated user and purchaser of Micarta. Westinghouse contends Hopeman was aware …

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Glove Manufacturer Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this asbestos action, decedent Giacinto Pira alleged he was exposed to asbestos from gloves manufactured by defendant Steel Grip.

Steel Grip moved for summary judgment, arguing that plaintiff did not establish exposure to asbestos or causation from Steel Grip gloves. In support, Steel Grip proffered an expert report opining that the levels of asbestos released from their gloves would not be sufficient to cause mesothelioma. Plaintiff opposed Steel Grip’s motion, citing plaintiff’s testimony identifying Steel Grip …

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Appellate Division Reverses Denial of Door Manufacturer’s Motion to Dismiss

Supreme Court of New York, Appellate Division, First Department

In July 2023, the trial court denied a door manufacturer’s motion to dismiss. Upon appeal, the Supreme Court, Appellate Division, First Department found that defendant T.M. Cobb Company’s motion to dismiss should have been granted for lack of personal jurisdiction.

The court held that “there is no evidence that the fire doors that allegedly caused the decedent plaintiff’s injury by exposing him to asbestos were manufactured in New York.” The court also stated that T.M. …

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Talc Defendant Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this talc action, plaintiff Christina Thomas alleged she was exposed to asbestos from products manufactured by defendant Port Jervis Laboratories Inc., s/h/a Kolmar Laboratories, Inc.

Kolmar moved for summary judgment, arguing plaintiff had not established she was exposed to asbestos from a Kolmar product which caused her illness. Defendant further argued that it manufactured the products per the specifications of Johnson & Johnson. 

Plaintiff opposed Kolmar’s motion, citing defendant’s concession that they manufactured the product …

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Boiler Manufacturer Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this asbestos action, decedent Anthony Morale alleged he was exposed to asbestos from boilers manufactured by defendant Fulton Boiler Works. Fulton moved for summary judgment, arguing it could not have caused or contributed to plaintiff’s injury. In support, Fulton proffered a corporate representative affidavit “to indicate that Fulton boilers did not require the type of servicing/assembly noted in [Morale’s] testimony and were not sold for use in the environments of Morale’s exposure.” Plaintiff opposed Fulton’s …

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Caulk and Plaster Manufacturer Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this asbestos action, decedent Jose Munoz alleged that he was exposed to asbestos from caulk and plaster manufactured by defendant DAP.

DAP moved for summary judgment, arguing that “not all DAP caulks historically contained asbestos, no DAP plaster product contained asbestos, and that plaintiff’s causation for mesothelioma is insufficient.” In support of its motion, DAP submitted affidavits from a DAP former employee and a certified industrial hygienist. Plaintiff opposed DAP’s motion, citing plaintiff’s testimony identifying DAP products, as well …

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Corporate Representative Affidavit Found Insufficient in Connection with NYCAL Summary Judgment Motion

Court: Supreme Court of New York, New York County

In this asbestos action, decedent Willie Hollingsworth alleged he was exposed to asbestos from valves manufactured by Clow. Defendant McWane Inc., on behalf of its unincorporated division Clow Valve Company, moved for summary judgment.

Defendant argued that Clow valves could not have caused or contributed to decedent’s injury. Defendant argued that plaintiff did not sufficiently identify Clow valves as a source of asbestos exposure. Plaintiff opposed defendant’s motion, citing plaintiff’s testimony identifying Clow valves and failing …

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Tile Manufacturer Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this asbestos action, plaintiff Peter Marino alleged he was exposed to asbestos from floor tiles manufactured by defendant, The Goodyear Tire & Rubber Company. Goodyear moved for summary judgment, arguing it could not have caused or contributed to plaintiff’s injury. Goodyear argued plaintiff “identified only potential exposure to Goodyear without surrounding details or confirmation.” Defendant further argued that plaintiff did not see the packaging of its floor tile, as well as its floor tiles would …

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Pipe Manufacturer Denied Summary Judgment in NYCAL

Supreme Court of New York, New York County

In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by the defendant, Ameron International. Ameron moved for summary judgment, arguing that its pipes could not have caused or contributed to the decedent’s injury. Ameron points to the decedent’s testimony that he worked with chemical pipes at a chemical plant in the West Side area of New York City. Ameron contends that the decedent could not have worked with …

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